Popso

Johnson v. Popso

Good Law
14 Cal. Rptr. 834·194 Cal. App. 2d 449·1961 Cal. App. LEXIS 1835
Court of Appeal of CaliforniaJuly 31, 1961Civ. 25319California3,640 words

Opinion

Opinion

Fox, J.

This is an action by Eric Johnson, a minor, for personal injuries, and his father, E. F. Johnson, for medical expenses, sustained when Eric was struck by an automobile driven by defendant Lucille Popso and registered to defendant Michael C. Popso. The jury returned a verdict for defendants and judgment was rendered accordingly. From that judgment plaintiffs appeal.

The accident occurred at or near the “T” intersection of Elizabeth and Minnesota Avenues, both “side” streets in South Gate. Elizabeth Avenue is a north-south street approxi mately 30 feet in width. Minnesota approaches Elizabeth from the west, with its eastern terminus at that street. Mrs. Popso (hereafter referred to as defendant) had been proceeding south on Elizabeth. At or near Minnesota, her car collided with Eric who was apparently crossing the street. Eric was 5 years and 9 months old at the time and nearly 8 at the time of trial. Since the evidence is conflicting on almost every point except those already stated, a summary of the testimony relating to liability will best acquaint the reader with the factual posture of this litigation. It is suggested that a mental map, with north at the top, be kept in mind.…

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